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if
the request for bids required references and they did not supply they did not fufill proposal requirements and by law cannot be awarded the job regardless. They must know that by now. Someone there messed up.
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sounds cut and dry then...
question:is the town bound by any law or stipulation to award the contract to the lowest successful bid regardless?
I'm hoping that BOS (as advised by council of course)have discretionary
rights to still be able to take a bidder based upon favorable reputation
versus the ultimate lowest bid?the only
company I'm familiar with is Colonial.
thanks.
By THO
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Tree contract
1. Town asks for bids for tree work.
2. Contractors bids arrive.
3. Town realizes their bid specs didnt
include all their requirements.
4. Town voids contractors bids.
5. Town rewrites bid specs and asks
contractors to rebid.
6. Contractors submit new bids.
7. Lowest bidder (Colonial) fails to
include all requested info.
8. Town Councils legal opinion is to
award the contract to the next
lowest bidder (D&B) because they
fullfilled all of the towns requi-
rements within the allotted time.
Councils opinion is that D&B would
have a legal leg to stand on if the
town voted otherwise.
9. BOS decide it is in towns best
interest not to award this contract
reopen the bidding process, so that
Colonial can include all requests.
10. BOS has opened the door for legal
action if D&B wants to fight.
From here, who knows what could happen. If the town looses will they have to pay $$$? If the town wins, will they wind up paying less for the contractor because all bids are known? Will the contractors submit lower bids to win the contract?
Stay tuned, this could get interesting.
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On a limb?
Now that the bid has been sent out again and each vendor knows what the other has offered, what are the chances of D&B coming in lower than Colonial and winning the bid outright?
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